1907-12-16 — Page 5

Telegrams.

| Renter's]"

French Naval Movements.

THE HONGKONG TELEGRAPH MONDAY DECEMBER 16., 1907.

SHIPPING ACTION,

QUESTION OF REPUDIATING CHARTER

MAU PARTIES.

Avery interesting case to the shipping community was heard before the Full Court comprising Sir Francis Piggott (Chief Justice) and Mr. Wise. (Pujano Judge), this morning. It was that in which the Lombard Steamship Co., Ltd, aga, Great St. Helens,

the word, erronnonkis. The first document" (the writ of

MrJustice documents,

Wa" bays read over, tha took about, four" bourRS of knowing

Gira's some

Sir HenryWith your Lordshipu rapidity. for digesting such matters I will to very bri.fly

inquiries into

ition tha

London, 13th December Toulon reports that orders have been received to report upon the condition of warships and crews available for service in the Pacific, for the purpose of reinforcingi London, applied for leave to appeal against 'ment were entitled to cancel the chartar, par there is no question in the mlada e

and providing relief drafts for Indo-China;

the decision of the Chief Justice, given "on the

After-scanning over the documents, Henry argued that, assuming the US Govern

in the event of any default, the" effect this

that he

This action, it is understood, is in view of 6th May last, against them; in favour of Messrs. / would have was to throw the ship back out careful on each occasion, not to carry out his

the unrest in the Far East.

Japanese in Ameries,” Strong complaints are reaching Washing ton regarding the increasing influx of Japan

ese via Mexico.

Later.

The New York papers are publishing sen. sational stories of the landing of all Japanese Bervants in the battleships of the Pacific fleet Hampton Roads in consequence of their constant note taking, one being.detected noting a new system of gun contro".

Catlowitz and Company, in which action the latter firm claimed $t, being damage sustained by plaintiffs by reason of the breach of a chatter-party of the fritish steamship Salamanca, entered into in Hongkong on 71

February, 1901.

Sleep on ch

ang was well on her return trip to Hang on On two occasions, as far WNWARDOI

the chief officer's cabin was entered during his absence, and small some of

hands of the sub-charterers, and the remedy of the sub-charterert was not to repudiate their sub-charter, but to bring an action to recover compassion for the lo: sustained by thems in having the ship on their hands. This also applied in the case of the original charterats, money were found to be missing. Lluis lear Sir lienry Berkeley, K.C., Instructed by usinsiz sub-chartered the vessel on thehan Szo was removed on the first visit, which vassalto Hongkong, During this trip the Mr. R. D. Atkinson, of Messrs. Descno, understanding that she was to be used purely took place during the last but one trip of the Looker and Deacon, appeared for the pre-chatlered her to the U.S. Government for amount very seasly doubled; but up to the plans, and Hon, Mr. H. E Pollock, who was instructed by Mr. Andrew G. Jackson, of

eant the guilty party is still to be discovered, Messis. Johnson, Stokes and Master, for the

standing the efforts of the police to find respondents,

The facts of the cass appear to be that on of. about the 7th February, 1901, the defendants, (the Lombard SS: C^), through their agant, one J U. Anderson, who was then the master of the steamer Salammans, then in Hongkong,

for a commercial undertaking, whereas they

carrying troops, arms and ammunition about during the war the United States had with some

bim

Intimations

sem

ents.

ERCY:SMITH & SETHI Hongkong, 16th Lecember, 1907, [1297

NOTICE TO CONSIGNEES,ES FROM SHANGHÄ

"HK Steamsh

KODE

having, arrHLATISH signees of CAME OF HEPAM, Aureby informed tha their Goods ll be delivaged from Alaneside

Carga Impading the discharge will be landed

*baiardous-and/dt tätia hazardque godowns of the Hongkong and Röwloon Whati and Go- down Co., Limited.

at Consigncesind expense lutor the

Filipions. The original charter was for a com mercial venture, such as what it is called, -Sici

THE PIRATED JUNK CASH, Henry said that his Lordship went on to say in giving his decf ion that Carlowitz had no inter-NOXION FOR LEAVE to appeal digmusED. est in the charter to the U. S. Government them go.

„al his learned colleague, Mr. Wi Rens Davies, matter being between "Auslasin" and the Eastin Hebry Berkeley, c. mat a similar late

No Fire Insurance will be effected. Bills of Lading will be countersigned by the Undersigned,

THE

ROBINSON PIANO

COLD

INVITE INSPECTION

NEW STOCK

DAVID SASSOON & Co., LIMITED, Steinway,

Agenta

A Royal Wedding. Athens announces the wedding of Prince George of Greece and Princess Maric Bona parte, the ceremony being of the most brit chartered the vessel to the plaintiffs (Carlowisz Asiatic Company. "Austázia," ha observes arany-General, at the Supreme Coun, this ongkong, 16th December, 1907. liant description.

The streets were ablaze with decorations

Later."'

Germany in the Persian Gulf. The Hamburg firm of Woenickhaus has appealed to the German Foreign Office against the seizure of the firm's warehouse, alleged to contain crustraband, on Abamusa Island, Persian Gulf, by 'H.M.S. Lapwing.

The Hamburg newspapers are indignant,

Lieutenant Woo's. Lieutenant Woods, and Grenadier Guards, on the ith instant, received a request from the War. Office to resign his commission, otherwise he would be removed from the Army under clause 447.

Correction-in telegram dated London

1.

roth instant under heading "he Fifth Lan. cers" read:-Lieutenant Woods, and Grena, dier Guards, instead of Major A. V. 1. Wood,

D. S. C.

Australian Defence.

14th December.

In the Melbourne House of Representa- tives, the Hon. Ifred Deakin, Prime Mini- ster of the Australian Commonwealth, in outlining the defence policy of the Govern- ment, proposed the purchase of three sub. marines and two destroyers annually for three

years.

He also suggested the compulsory military training of all youths attaining the age of eighteen years, by which means he hoped to form a national guard of 218,000 trained men who would be available in e'ghteen years.

[N. C. D. Neus } America and Japan. JAPANESE FM1QHANTS,

were the principals and not the agents in making the agreement with the owners, by which they obtained the owner's" consant- lo re-charter ber to the U.S. Government. The

appeal from the decision of Mr. Justice Gompertz, morning, with regard to his motion for leave to delivered last mouth, in the case in which Ip Tsung. Nin sought to recover a junk from

[1098

FOR SINGAPORE, PENANG AND

HE

CALEUTTA..

& Co.junder a written charter party, signed on the th February, 1901, for a period of six months, with an option of renewal, which the plaintiffs therealier duly exercised for a further perind of three months, at the rate of $6,500, vessel was then used, not for trade purposes, Kwong Tse King, or, in the alternative, her Steamship Pongkong currency per month, payable fort nightly in advance to Messrs. Aradley & Co. in ilongkong, as agents for the defendants, upan (inter alia) the following terms and sipulations. The steamship being firm and

were made for this in the sub-charter; in, the

but for carrying warlike stores. No provision Value-$1,000, Mr. Justice Gomperiz, in de re-charter it was expressly incorporated.iding the case, held that the ants of the junk This was outside the chirer altogether, Sup-in his opinion was a tale of goods in "mar. et "overt" within the meaning of the Sale of Goods pose we fail, Sir Aleary pursued, with regard Ordinance, 1896, and found for the defendant. to carrying out for the United States that staunch, and free from known defecte, and well officered, was to be maintained so by her would give the chatterers, no right..." 10" owners, and placed at the sole disposal of the repudiate the charier in trade. This could carterers or their agents to carry cargo and not justify the original charterers to repudiate passengers for lawful voyages, as specified. The sub-charterers were liable to the and the usual clause about the exemption charterers. Why should "Austaria” repudiate itami in appearing in a private action in

from the result of accident, through the aci of God, etc. The steamer was to be docked and cleaned by the charterers recommended by a surveyor'ı report', at owner's expense the time occupied. in docking not to count Funder the charter. Should the steamer be delayed for want of officeis, repairs, collisions, or other breakdowns not caused by stress of weather, the payment of hire was to Ceas", until the vessel was again s'aunch, sound and, well found, as provided to the

first clause of the charter. The captain was to

It will be remembered that the', Full Court,' comprising their Honours Sir Francis Piggott (Chief Justice) and Mr. A. G. wise (Puisne

General on the ground that he had no loca ge) dismissed the notion of the Attorney-

his capacity as Attarnay-General, and whatever

argument he submitted, in support of lits con. taptions was not entertained. Sir Henry Berkeley's services were then requisitioned |*

GREGORY APCAR,"

Capt. S. H. Belson, will be despatched for

inst, at 3 PM. the above. Ports on SATURDAY, the 21t

For Freight or Passage, apply to

DAVID SASSOON & Co, LIMITED, Agents. Bangkong, 16th December, 1907. (1099

YORDDEUTSCHER LLOYD, BREMEŊ. IMPERIAL, GERMAN MAIL LINE. NOTICE TO CONSIGNEES. HE-Steamship HE

the sub-charter because we (the owners) did not da certain things? He did not see it. The charter was for ordinary commerce, but after a while they saw their way to putting the ship to more lucrative work and handed here by Messrs. Dennys and Bowley and his appli-having arrived, Consignees of Cargo are hereby to the US Government. How can their the agreement conduct with regard to

morning, the Assistant Registrar stated that he When their Lordships took their seats this could not call the case, as no notice of appeal was given.

cation to appeal was fixed for to-day. But, entitle "Ansiasia" to throw up the engagenfortunately, no uptice to appeal, was filed ment? They could not have any icus siandi,during the interval, according to the usual pro the plaintiffs had mistaken their remedy, cedure, and it was on account of this that the Their business was to bring an action against Ppeal was denirdi.. the owners for breach. If they did that then the owners would have been able to put their defence and show that their conduct was reasonable. The US. Government, according to American or English law, for they were both the same on this point, was no justified in repudiating their charter. The vessel was not chartered to carry any panicular ireop, at any time or plaçe, but it was a general charter time charter, and the fact that they were de layed for a few days was not enough to frustrate the whole charter

As we go to prem Mr. Pollock was just open.

IMPERFECTLY-LIGHTED ALLEYWAYS,

give the agents 21 hours' notice wherever the vessel needed repairs provided it was possible by circumstances to do so. On or about 20th April, 1902, plaintiffs coleted into a charter parly with the last Asiatic Trading Company of Hongkong, whereby they re-chartered the sid vessel to that company for a term of about six and a half months, the balance of the Term of the plaintiff said charter, at the en hanced rate of $7.250 per month, payable half monthly to the plaintiff, the chatter party con- taining the same terms and conditions as the first. On or about the 1st July, 1901, the Easting his address. Asiatic Trading Company with the knowledge and consent of the defendants re-chartered the. vessel to the United States Government for service as a transport for troops, animals, stores, cargo, etc, it being stipulated that the said vessel should proceed at once to such poris as ordered by the proper officer of the Quartermaster General's Department, the owners to keep the vessel in the condition as stipulated for in the first charter party, the time last owing accidents, not the fault of the United States, not to be paid for by the latter. The vessel States to be used as a transport, and on or was accordingly handed over to the United

while the understanding between the two coun-

about the 3rd July, 1922, asing to the neglig tries is so full and elastic as at present..

Is the speech which he made at the meetingce of the said J. H. Anderson, then master, ihe vessel ran ashore in fine, clear weather, on ofthe Oriental Association to-night. Mr. O'Brien, | United States Ambassador in Tokio, took the pines, and was so damaged that she had to be

a reef near San Balvador island, in the Philip most optimistic view of the situation.

lowed off and docked at Cavite at the. ex- panse of her owners. No notice of that ac- cident reached this plaintiffs until 1st AURUN, 1932, and the plaintiffs had in the meanwhile in ignorance of the fact paid to Messrs, Bradley and Co. the hire for the vessel for the whole

Tokio, December 10. The report that negotiations are in be opened between 'Amèrica and Japan as an aftermath of the immigration question, and specially with a view to the control of Japanese labouring men students, is totally without foundation. Such matters lie entirely within the control, of the administrative powers of the United States

FRIENDSHIP, GOODWILL

*

Tokio, December 15.

THEEK IN A

LEAST SUSPECTED OF ALL CONFESSED

BDINDING-HOUSE,

TP CRIME

ants knew, chartered the

sama

to

Sir Henry observed that there was notice of the time gives:

"MANILA,"

informed that, their Goods, with the exception. of Opium, Treasure and Valuables, are being landed and stored at their risk intothe hazardous and/or extra hazardous Godowns of the Hong kong and Kowloon Wharf and Godown Com pany, Limited, at Kowloon, whence delivery

have felt the Gedowns, and all Goods remain may be obtained..

No Claims will be admitted after the Goods ing-undelivered after the art of December,

will be subject to rent.

All broken, chafed, and damaged Gonds are to be left in the"Godawns, where they will be examined on the 21st of Decemberpat 9:30 AM, Sir Henry-Pardon me, there was notice of December, or they will not be recognited.

́All Claims must reach us before the 25th of the change of solicitor

Mr. Justice Wine-Only one notice.

Sir Francis Piggott-About a quarter of an hour ago.

Sir Henry Ye *Mr. Justice Wisa-You must proceed in the isual way.

Sircary mentioned that he took it to bal the proper way when notice of the change of solicitors was filed.

After further argument Sir Henry asked the Court to extend the time to allow the notice to be filed. "Why burke us?" He asked. "Why penalize us? S

Bir Francis Piggott took objection to the, word "barks" being used, adding that it was a suggestion that the Court was práceeding, in a wrong way when, in fact, the splicitor in the case was wrong.

Sir Henry altered the word to "lost opper. unity"miaspprehension."

Sir Henry, started but in explain, but Mr.

Justice Wits interrupted with: "We don't know if we can hear you."

Henry asked."

Allow me to change the notice thea?", Sir

SERIOUS ACCIDENT TO POLICE OFFICER. Lanes and alleyways are numerous on the island, and that many of them are imperfectly lighted by night is known to those whose duties take them to the slums of the Colony. hrough, it is stated, the bad lighting of one of the lanes a rather seriops accident befell one of the European constahled on the Western district the other day. P. C. 43 Conlan is a ing arrived here some eighteen maathshension and this morning you tried to alter it? comparatively new officer in the force, hav Mr. Justice. Wise-How was it a misappre

ago. The Western, district to which he was recently attached, so in speak, a terra incognits for him. While going his rounds Jaik Policeman Conlan had occasion to traverse early on Saturday morning when it was quite

Algar Court, midway between the entrance and exit of which is a shout flight of four steps" This gap was not known to exist by Colan and, in proceeding on his way, he stepped into the open space and fell, his face coming into violent collision with the stone-steps, fracturing the right jaw. He was removed to the Civil Hospital for treatment and so serious was bis condition that, we understand, four doctors were in attendance on him yesterday, Dr. J. W. Noble, the dentist, was also called in and it was suggested to have a sort of dental splint mide in order to support the fractured jaw, result of the accident, Conlan may have to be We have good authority for stating that, ne

invalided home on discharge from hospital.

Mr. Justice Wisc-Oh, no. Sir Henry-Why not?

Sir Francis Piggott-Here is a solicitor given five days notice to file notice and nothing has been done,

Sir Henry--If antice was filed five days ago would you have heard me?

'Sir Francis Figgon-Yed - Sir feory-Why dot now?

Mr. Justice WiseWhy not in forms pauperis?

Sir Henry-Be has more than $40 in the world and so he can't, proceed informa

not hear me? pawberis. But that is not the point. Why

Sir Francis Piggott-It is incgular.

Sir Henry-It was merely a question of whether the Attorney-General or the Crown THE SUBSCRIPTION GRIFFINS Solicitor could appear. We did not know or

we would have'fi'ed the police,

ARRIVAL OF THE BECOND BATCH,'', The second batch of subscription griffins- numbering eleven in all-arrived. here from hangbai, to-day, by the steamer Choy Bang and were drawn for at Kennedy's Stables this afternoon... -

Mr. O'Brien, American Ambassador to Japan, in his speech at Tokio last night, declared that ∙no serious question existed between America

and Japan. If a y. should arise in the future, of the month of July. The repairs were he added, the friendship and grindw.It obtain-completed by the 9th September, but the 'de." ing between the two countries would guarantee fendants neglected, for a number of days, to a satisfactory settlement.

discharge the Doc't Company's lien on the said steamer, for the cost of the repairs, and thereby caused the Government, to cancel the charter party, and in' conséquence" of the default of the defendants the East Asiatic Trading Company, which had, as defend

aleamer to Some time, yesterday afterndon a report was charter it at a profit, cancelled the charter with mads at headqu uler, by the manager" of a | the plaintiffs in their turn, and the plaintiffs boarding house at 123, Goonzushi Road Centhen cancelled their charter with the defend. tral, in which he gave the police to understand ant, the defendants having failed to fulfil that burglars had entered his room on the pre- the conditions of their charter party, by noi vious night and removed $1,546 from one of his placing the steanter at the disposal of the Counterdrawers, Detective Sergeant O'Sullivan | plaintiffs after the repair's in proper time. paid a visit to the house. In less than an hour - Bir Henry, opened by saying that this was he had the guilty pasty under fock and key. an appeal from te, decision of the Chief On examining the drawer he saw that a bit of Justice to an action tried before him, sitting thewoodwork around the lock had been destroy alone and with no jury, on 29th and 10th April, ed. This way done in order that a hold" might and 1st May last, whereby the Chief Justice in be had on the drawer. Then with the aid effect held that the plaintiffs who had chariered of some instrument the counter was raised the steamer Salamanca from the Lombard high enough as to get the lock out of the Steamship Company were justified in repodiat- rocket. The detective's suspicions fell on ing that churter because of the default of someone in the house,, He questioned all the the owners of the Salamanca in not carrylug fokli, but they proved their innocence, Toout impljed undertakings on-their-part-for a the surprise of everybody when the son-in-law cortain party (to be called "Austasia") who sub- of the master of the business, who is, in the chattered be vessel and re-chartered ber to Interior, was interrogated, he collepied and the United States Government, at Manila, His confanted to the crime. When he had re- | Lordship found that the U.S. Government was covered himself sufficiently he showed the entitled to repudiate, the re-charter; that officer where, he had hidden the money— | “Auslasia” was catitled to repudiate the "sub- under the lieing of the staircase, “Thila was | charter, and that the chasterers were also co- ripped open by the detective and the cash, all titled to repadiste the original churier from the inlact, was recovered with tha zid of a stick,, Lombard Steamship Co. He asked his Lord." The thief-Tie Cui Tio-tlıq assistant ace ship to take another view ul, the matter, He countant, was charged at the Police Court, ibis come there to day without any doubt, or heal» (morning, 'sentenced: 10 six months hard tation to convince the Court that the view the

Chief Igalios bald was, ky respectfully used awaiting shipment to Mongle

It is not easy at the present stage to pick out the points of each soimal, owing to their thick costs, but they appear to ba of a better quality than the first lot.

The result of the drawings is appended s Nos. Colour.

Purchaser, -gre... ..Mr: C, P. Chafer 36-blick Mr. Parr 35-grey. Mr. A. Rodger 4. Mr. Lapzius 43-dun. Mr. A. Forbes

B-bay

49-bay

St

11

Sir Francis Piggott-At to a.m. 10-day. thought the matter had ended.

The application for appeal was refused.

THE WEATHER,

The following report is from Mr. F. G. Figg, Director of the Hongkong Observatory-

On the 16th at 1.554.-The baremetor has risen moderately to slightly over Japan and N. China respectively,

The anti-cyclonic area remales over the con- tinent to the North of the Yangtze, and "gradients continun rather steep along the China

const...

Very strong monsoon will continue to prevail In the Formosa Channel and the China Sea:

No Fire Insurance will be effected.'. Bill of Lading will be countersigned by the Undersigned.

NORDDEUTSCHER LLOYD,

"MELCHERS & Co. "

·Agenis.

[F

Hongkong, 14th December, 1907.· ̈ ̈

COMPAGNIE DES MESSAGERIES

MARITIMES..

FOR SHANGHAI, KOHE AND" YOKOHAMA,

THE

HE Company's Steamship "SALAZIE,"

Captain Ailland, will be despatched for the above Ports on or about MONDAY, the z3rd December,

·For Freight or Passage, apply to

J. MILLET,

Agent. Hangkpog, 16th. Dreember, 1907,

PUBLIC AUCTION.

fto

BY ORDER OF M. WAR OFFICE THE FOLLOWING ERY VALUABLE CEASEHOLD VERY Known as INLAND LOT NUMBER 437 (SPRING)

GARDENS), Containing an area of about 47,783 square feet and having a frontage Son Queau's Road, East of 228 feet, situate al Queen's Road East, Hongkong, will bs Sold by

PUBLIC AUCTION,

00

WEDNESDAY, - the 18th day of December, 1927, at 3 o'clock in the afternoon, in One Lot by Mesars HUGHES & HOUGH.,,

Auctioneers, an at their Auction Rooms, Des Voeux Road,

Pat Central,

The Property consists of:

Bechstein,

Russell,

Krauss,

Romhildt,

Werner, &c.

GRANDS & UPRIGHTS

BUILT UNDER OUR PERSONAL SUPERVISION

J

EMBOUYING 30 YEARS' LOCAL

EXPERIENCE.

Hongkong, th December, 190%.

XMAS AND

NEW YEAR

HAMPERS.

(FROM $15.00 AND UPWARDS).

HAMPERS

CONTAINING BOTTLES

OF THE

CHOICEST WINES, SPIRITS,

&c., &c., &c.

We invite you to call

All that Piece or Paicel of Ground situate at Victoria in the Colony of Hongkong and registered in the Land Office as Intend Lot 417, and all buildings thereon and appurten? "ances thereto belonging, held under the Crown Leate thereof dated the 7th day of April, 1856 for the term of 999 years from the 29th day of July, 1895, at the annual Crown Reut of £150 Sterling ($720), subject to the covenants and your own selection from conditions contained to the lease,

For further Particulars, apply to

The AUCTIONEERS,

or to'

DENNYS & BOWLEY,

at our Office and make

our extensive stock in all

Solicitors for the Vendors, Lines of Wines, Spirits,

Liqueurs, Cigars, &c.

Hongkong, 'th December, 1997,

(1085

"Mins WILLIAMS and Miss Caraden, of 33,

Caine Road, were.io Police Court, this mornc ting, to prosecute's former employee on charges. of farceny. The accused-Wong Cheung. -it appears, received, his discharge some.

F.

Mr. D. Macdonald (of Mac Hongkong Rainfall for the 24 hours ending time ago. Last night he returned to the house H. PRICE & Co., Ltd.

donald & Co.)

„Mr. G. Freistand '.

...........Mr. T., Christiani:

73-dask grey,Mr. D. Macdonald (B & S) gő-dak grey ...., Mr. M. W, Slade me w 98-100 Mr. W. Gibson

at yo am, 10-day, 0.01 inch.

where he passed the night" - Early, this morn

FORECAST.

ing, before he took his departure, he collected Hongkong and neighbourhood, N, to N,E, one table cloth, ons bicycle pump and famp; winds, fresis ; fair.

one picture frame, three ornaments, a padlock and a bell, the total valued at about $15,90, and started to leave, but he only got as far ihe back door when he was collared. He plead China between Hongkong guilty, and Mr. Gomperfe sent him to gaol for

stockai

-Formosa Channel, N.E. winds, strong,

both coast of China between Hongkong

Wo understand bat the other ponies havi | and Kimocks, same as No, fir passed the time test at Shanghai, and are only

uth coast

WINE, SPIRIT AND CIGAR

MERCHANTS,

13, QUEEN'S ROAD CENTRAL

Telephone No. 1351

Kangkona, 13th December, 2007,

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